Garuda - Garba Rujukan Digital

Pertimbangan Hakim dalam Putusan Pembatalan Perkawinan Akibat Paksaan (Studi Putusan Nomor 1332/Pdt.G/2024/PA.Klt) Ilfi, Zita Melissa; Sukma, Dara Pustika; Hastuti , Luthfiyah Trini
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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This study analyzes aims to determine the legal basis and considerations of the judge in the case of annulment of marriage based on Decision Number 1332/Pdt.G/2024/PA.Klt as well as the regulations regarding the proof of the element of coercion which is the basis for annulment of marriage. This article is a normative legal research conducted by reviewing various legal regulations in the form of laws, regulations, and literature containing theoretical concepts then connected to the problems to be discussed. The approach of this article uses a case study approach (case approach) and a conceptual approach (conceptual approach) based on the Klaten Court Decision Number 1332/Pdt.G/2024/PA.Klt which has permanent legal force. Based on the research results, it was found that the Judge's consideration in the decision to annul a marriage due to coercion refers to Article 6 paragraph (1) of Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019 and Article 71 letter f of the Compilation of Islamic Law where a marriage can be annulled if the marriage is carried out with an element of coercion and without the consent of both prospective bride and groom. In addition, the Panel of Judges assessed that the Plaintiff's witness statement did not meet the material requirements of evidence because it was only in the form of testimonium de auditu in accordance with Article 171 HIR and Article 1907 of the Civil Code so that it did not have the power of proof, the judge ex officio ordered the Plaintiff to take a suppletoir oath which was deemed to meet the formal and material requirements and was related to the main point of the main point of the case.

Perbandingan Pengaturan Tindak Pidana Judi Online Sebagai Cybercrime di Indonesia dan Brunei Darussalam Perwira, Evan Adriawan Cipta; Hartiwiningsih, Hartiwiningsih; Sulistyanta, Sulistyanta; Sulistyanta, Sulistyanta
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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The rapid development of information technology has transformed conventional gambling into online gambling, which is characterized by its borderless nature, anonymity, and complex digital infrastructure. This phenomenon presents significant challenges for criminal law enforcement, particularly within the framework of cybercrime. This research aims to analyze and compare the regulation of online gambling offenses in Indonesia and Brunei Darussalam, and to identify constructive legal reforms that may be adopted in Indonesia. The study employs a normative juridical method using statutory, comparative, and conceptual approaches. The findings indicate that Indonesia adopts a total prohibition model, regulating online gambling through the new Penal Code and the Electronic Information and Transactions Law. Despite fulfilling the principle of legality, enforcement faces obstacles related to digital evidence, cross-border servers, encryption systems, and uneven targeting of offenders. Brunei Darussalam also applies a total prohibition approach but within a dual legal system integrating the Common Gaming Houses Act and the Syariah Penal Code Order 2013. The comparative analysis demonstrates that regulatory effectiveness depends not only on the severity of sanctions but also on normative consistency, institutional integration, and preventive strategies. This study concludes that Indonesia requires harmonization of legal provisions, proportional sentencing differentiation, and stronger institutional coordination to effectively combat online gambling as a form of cybercrime.

Analisis Penerapan Definisi Pasar Bersangkutan dalam Hukum Persaingan Usaha atas Penggabungan Digital (Digital Merger) di Indonesia Simanjuntak, Claudia Angelica; Tejomurti, Kukuh
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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The rapid growth of Indonesia’s digital economy has intensified merger activities among digital platform companies. However, the existing competition law framework, particularly the relevant market definition under Law Number 5 of 1999, remains grounded in product and geographic dimensions developed for conventional markets. This study aims to analyze the application of a uniform relevant market definition in assessing digital mergers and to examine its relevance within the development of the digital economy. Using normative legal research with statutory and conceptual approaches, this study examines the GoTo (Gojek–Tokopedia) merger as an illustrative case. The findings indicate that the application of a uniform definition has not fully reflected digital market power arising from network effects, data control, and ecosystem integration. The study further outlines adjustments through an ecosystem-based conceptual approach that may be implemented through KPPU regulatory instruments, as well as normative refinements including the expansion of Article 1(10), the introduction of qualitative notification criteria, and the incorporation of gatekeeper position as an assessment parameter.

Analisis Penerapan Definisi Pasar Bersangkutan dalam Hukum Persaingan Usaha atas Penggabungan Digital (Digital Merger) di Indonesia Simanjuntak, Claudia Angelica; Tejomurti, Kukuh
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

Show Abstract | Download Original | Original Source | Check in Google Scholar

The rapid growth of Indonesia’s digital economy has intensified merger activities among digital platform companies. However, the existing competition law framework, particularly the relevant market definition under Law Number 5 of 1999, remains grounded in product and geographic dimensions developed for conventional markets. This study aims to analyze the application of a uniform relevant market definition in assessing digital mergers and to examine its relevance within the development of the digital economy. Using normative legal research with statutory and conceptual approaches, this study examines the GoTo (Gojek–Tokopedia) merger as an illustrative case. The findings indicate that the application of a uniform definition has not fully reflected digital market power arising from network effects, data control, and ecosystem integration. The study further outlines adjustments through an ecosystem-based conceptual approach that may be implemented through KPPU regulatory instruments, as well as normative refinements including the expansion of Article 1(10), the introduction of qualitative notification criteria, and the incorporation of gatekeeper position as an assessment parameter.

Pertanggungjawaban Pribadi Direktur PT Dalam Kepailitan PT Sri Rejeki Isman Tbk (Sritex) Ditinjau Berdasarkan UU Perseroan Terbatas Ramadhani, Luthfiyyah Pahlevi; Suryono, Arief
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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This study aims to analyze the form of board of directors’ personal liability in the bankruptcy of PT Sritex, particularly in relation to unlawful acts on financial management negligence and harmful decision-making towards the company, such as financial statements manipulation to obtain working capital loans and the misuse of loan funds for personal interests, which resulted in corporate losses or bankruptcy based on Law Number 40 of 2007 concerning Limited Liability Companies. This research constitutes normative legal research employing a statutory approach. The legal materials used consist of primary data in the form of regulations related to Limited Liability Companies and bankruptcy, as well as secondary data derived from books, scientific journals, and other academic writings. The study is prescriptive-analytical in nature. The results indicate that the Company Law provides limited liability protection as long as directors exercise their authority in accordance with applicable regulations. However, if directors exceed their authority (ultra vires) for personal interests and causing losses, the doctrine of piercing the corporate veil may be applied to impose personal liability. Directors may be held personally liable if they are proven to have committed fault or negligence and have acted beyond their authority, failing to fulfill the principles of fiduciary duty and duty of care, resulting in company losses, creditors, or third parties. Based on the Company Law and the Indonesian Civil Code, if directors are proven to have committed unlawful acts or negligence in performing their duties, they may be subject to civil claims, and their personal assets may be seized as part of the bankruptcy estate. Civil liability may be imposed for losses arising from decisions related to working capital loans that do not comply with established procedures, including those set forth in the Articles of Association and applicable laws.

Pertanggungjawaban Pribadi Direktur PT Dalam Kepailitan PT Sri Rejeki Isman Tbk (Sritex) Ditinjau Berdasarkan UU Perseroan Terbatas Ramadhani, Luthfiyyah Pahlevi; Suryono, Arief
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study aims to analyze the form of board of directors’ personal liability in the bankruptcy of PT Sritex, particularly in relation to unlawful acts on financial management negligence and harmful decision-making towards the company, such as financial statements manipulation to obtain working capital loans and the misuse of loan funds for personal interests, which resulted in corporate losses or bankruptcy based on Law Number 40 of 2007 concerning Limited Liability Companies. This research constitutes normative legal research employing a statutory approach. The legal materials used consist of primary data in the form of regulations related to Limited Liability Companies and bankruptcy, as well as secondary data derived from books, scientific journals, and other academic writings. The study is prescriptive-analytical in nature. The results indicate that the Company Law provides limited liability protection as long as directors exercise their authority in accordance with applicable regulations. However, if directors exceed their authority (ultra vires) for personal interests and causing losses, the doctrine of piercing the corporate veil may be applied to impose personal liability. Directors may be held personally liable if they are proven to have committed fault or negligence and have acted beyond their authority, failing to fulfill the principles of fiduciary duty and duty of care, resulting in company losses, creditors, or third parties. Based on the Company Law and the Indonesian Civil Code, if directors are proven to have committed unlawful acts or negligence in performing their duties, they may be subject to civil claims, and their personal assets may be seized as part of the bankruptcy estate. Civil liability may be imposed for losses arising from decisions related to working capital loans that do not comply with established procedures, including those set forth in the Articles of Association and applicable laws.

Kepastian Hukum Penyelesaian Sengketa Gagal Bayar P2P Lending di Indonesia Artansya, Muhammad Salman Al Farizi Putra; Wiwoho, Jamal
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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The development of peer-to-peer lending (P2P lending) as part of financial technology has increased access to financing, but also creates legal risks in the form of default, which are detrimental to lenders. This study aims to analyze legal certainty in resolving default disputes in P2P lending in Indonesia and examine the legal remedies available to lenders. This research is a normative legal study with a statutory and conceptual approach, utilizing primary and secondary legal materials analyzed qualitatively through deductive reasoning. The results indicate that default can be legally qualified as a breach of contract, which entitles lenders to demand fulfillment of obligations or compensation. Furthermore, dispute resolution is carried out in stages through internal platform mechanisms, non-litigation, and litigation. Although regulations have provided formal legal certainty, in practice, weaknesses remain in the protection aspect for lenders, primarily due to the use of standard electronic contracts and the unequal position of the parties. Therefore, legal certainty in P2P lending needs to be interpreted not only as clarity of norms but also as a guarantee of substantive protection for injured parties.

Kepastian Hukum Penyelesaian Sengketa Gagal Bayar P2P Lending di Indonesia Artansya, Muhammad Salman Al Farizi Putra; Wiwoho, Jamal
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

Show Abstract | Download Original | Original Source | Check in Google Scholar

The development of peer-to-peer lending (P2P lending) as part of financial technology has increased access to financing, but also creates legal risks in the form of default, which are detrimental to lenders. This study aims to analyze legal certainty in resolving default disputes in P2P lending in Indonesia and examine the legal remedies available to lenders. This research is a normative legal study with a statutory and conceptual approach, utilizing primary and secondary legal materials analyzed qualitatively through deductive reasoning. The results indicate that default can be legally qualified as a breach of contract, which entitles lenders to demand fulfillment of obligations or compensation. Furthermore, dispute resolution is carried out in stages through internal platform mechanisms, non-litigation, and litigation. Although regulations have provided formal legal certainty, in practice, weaknesses remain in the protection aspect for lenders, primarily due to the use of standard electronic contracts and the unequal position of the parties. Therefore, legal certainty in P2P lending needs to be interpreted not only as clarity of norms but also as a guarantee of substantive protection for injured parties.

Pelanggaran Steam Subscriber Agreement dalam Praktik Jual Beli Akun Sharing Steam di E-Commerce Shopee Ramadhan, Faid Luthfi; Tuhana, Tuhana
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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Artikel ini menganalisis pelanggaran Steam Subscriber Agreement terkait praktik jual beli akun sharing Steam di e-commerce Shopee. Tujuan artikel ini adalah melakukan analisis bentuk pelanggaran yang terjadi akibat dari pelanggaran beberapa perjanjian, seperti Steam Subscriber Agreement yang merupakan perjanjian elektronik baku yang dibuat oleh Valve sebagai penyedia layanan Steam dan Syarat Layanan Shopee sebagai ketentuan penggunaan yang dibuat oleh penyedia layanan perdagangan Shopee sesuai dengan syarat perjanjian elektronik baku yang sah berdasarkan Kitab Undang-Undang Hukum Perdata dan Undang-Undang Informasi dan Transaksi Elektronik. Temuan menunjukkan bahwa tindakan pelanggaran yang dilakukan oleh Penjual Shopee terkait penjualan akun sharing Steam dapat dikategorikan sebagai tindakan wanprestasi karena melanggar perjanjian Steam Subscriber Agreement dan Syarat Layanan Shopee dan perbuatan melawan hukum karena penjual menyembunyikan fakta terkait produk yang dijual. Tindakan penjualan akun sharing Steam tersebut berakibat penghapusan atau penutupan akun Steam yang dijual di Shopee dan juga akun Shopee milik Penjual yang terbukti melanggar ketentuan Syarat Layanan Shopee.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Gunawan

Contact Email
gunawan@unram.ac.id

Phone
+6281703766888

Journal Mail Official
ijssh.ipc@gmail.com

Editorial Address
Green Pagutan Blok E No. 6 Mataram, Nusa Tenggara Barat.

Location
Kota mataram,

Nusa tenggara barat

INDONESIA

Abstract

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Gunawan

Contact Email gunawan@unram.ac.id

Phone +6281703766888

Journal Mail Official ijssh.ipc@gmail.com

Editorial Address Green Pagutan Blok E No. 6 Mataram, Nusa Tenggara Barat.

Location Kota mataram, Nusa tenggara barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Gunawan

Contact Email
gunawan@unram.ac.id

Phone
+6281703766888

Journal Mail Official
ijssh.ipc@gmail.com

Editorial Address
Green Pagutan Blok E No. 6 Mataram, Nusa Tenggara Barat.

Location
Kota mataram,

Nusa tenggara barat

INDONESIA